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Urban
Councils Amendment Bill, 2011 (Updated)

MEMORANDUM

Clauses
3 to 9

The effect of these clauses will be as follows:

Once a municipality or town is established, the central government
will not be able to alter its name or area or its ward boundaries,
or abolish it, without the consent of the council concerned (see
the new section 4(2) inserted by clause 3). At present the President
and the Minister need merely consult the council. Any changes to
ward boundaries, moreover, will require consultation with the Zimbabwe
Electoral Commission (see the new section 4A(5) inserted by clause
4).

The present section 4A of the Act allows the Minister to appoint
councillors to a municipal or town council. This will be abolished
by the repeal of section 4A of the principal Act.

If the Minister wants to establish extended systems of local government
under section 5 of the Act, that is, if the Minister wants two or
more local authorities to combine their services, he or she will
have to get the consent of the local authorities concerned (at present
they merely need to be consulted). See clause 5 of the Bill.

The central government’s power to declare, alter and abolish
local government areas will similarly be subject to consultation
and consent. Under section 6 of the Act, as amended by clause 6
of the Bill, the President and the Minister will have to obtain
the agreement of a municipal, town or rural district council before
establishing a local government area within the council’s
area, and will have to establish a commission under the new section
4A before establishing a local government area outside an existing
council area. If a local board is established for a local government
area, the Minister will have to get the board’s consent before
conferring additional powers on it.

Under sections 7 and 8 of the Urban
Councils Act, as amended by clauses 7 and 8 of the Bill, the
Minister will have to get the consent of an urban council before
giving the council responsibility for administering a local government
area, and will similarly have to get the council’s consent
before divesting the council of the administration of such an area.